Managing partner Levant and partners law firm Valery Narezhny gave comments to federal daily newspaper «Kommersant» .
The management of plant “Ford” decides to discharge the leader of trade-union organization Aleksey Etmanov and his deputy Vladimir Lesik for the organization of quite prolonged during entire history of the enterprise of strike, which led to the large financial losses of company.
Managing partner Levant and partners law firm Valery Narezhny : «The solution of Leningrad provincial law court dated November 19, 2007 about the acknowledgement of the strike of the illegal gives “ Ford” an opportunity according with st. 417 Labor Code RF to subject workers, who participated in the strike, to disciplinary penalty for the breach of working discipline».
But Mr. Narezhny said: «This penalty cannot be the basis for the release, especially as the release of workers, entering the elective organs of trade-union organizations, possibly only from the preliminary agreement of the higher trade-union organ or by way st. 373 Labor Code RF». The employer irrespective of the consent of trade union dismisses the worker, but last can appeal against against dismissal in the state inspection of work which in ten-day term will consider the complaint and in case of recognition of dismissal illegal will give out the instruction about restoration on work.